How often does the judge accept the recommendations of a prosecuter? 4 Answers as of July 26, 2011

I am being charged with retail fraud 3rd(stealing gas) and driving on a suspended license. The prosecutor offered a plea: I plead guilty, and they will recommend no jail time. I do not have much of a criminal record in fact the worst I have are a old driving on suspended license, and violation of a PPO and other traffic violations. Also, on my paper-work, under "offense" it says: 1)su/re/de/1st, what do these mean?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Most judges accept the recommendation of the prosecutor in a case because they are on the other side and if they say no jail then they are letting the judge know that they don't think jail is warranted. I have no idea what the abbreviations stand for.
Answer Applies to: Michigan
Replied: 7/26/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Thank you your inquiry Your questions are specific to your case. You should address them to your attorney, as you have been to a Pre-Trial Conference, have a plea offer, and are far along in your case. Your attorney can best provide you with detailed information based on the specifics in your case and based on the specifics of yoru judge. I hope that this was helpful
Answer Applies to: Michigan
Replied: 7/26/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
I am not familiar with the abreviation. You should ask your attorney or the court for an explanation. As to following the recommendation of the prosecutor, that depends on the judge. The judge will also review the pre-sentence report and the recommendations contained therein. It is then up to the judge to pass sentence. If part of the plea included the possible sentence, courts will generally allow a person to withdraw their plea if the sentence part is not going to be followed.
Answer Applies to: Michigan
Replied: 7/26/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Are you represented by an attorney? If not, you should at least consult with an experienced criminal lawyer before accepting any plea. An attorney familiar with the particular judge will be able to tell you how likely that judge is to accept the prosecutor's recommendation. Each judge is different. Usually they are inclined to accept their recommendations and don't normally go higher. But I've seen it go both ways, but it's more rare. But that's my experience with the judges I'm familiar with. That's why you need to consult with someone in your area who can give you a more specific answer. Normally an offer of no jail is a decent deal, but no way could I or anyone say for sure if it's appropriate without reviewing your case and the evidence against you.
Answer Applies to: Michigan
Replied: 7/26/2011
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